Yes, it's a very grey and contentious area if you argue from first principles.
But, current US law is essentially Planned Parenthood v. Casey
(which refines Roe v Wade).
It's very hard to to see how the Supreme Court rationalized letting the new Texas law stand, while fights work their way through lower courts, in light of those precedents.
On the other side of the argument, here's some rationale for Supremes' non-action:
Opinion: The Supreme Court had no reason to block Texas’s abortion law
Same point is made in a wsj editorial:
Texas’s Abortion Law Blunder
Texas argues that abortion providers don’t have standing to challenge the law because the state isn’t enforcing it and neither at this point is any private citizen. Thus there is no case or controversy, which is what courts are supposed to settle. This is technically correct and it is why the five Justices declined to enjoin the law.
OK, maybe they're not so dumb ...
Last edited by Alan
on September 3rd, 2021, 1:32 pm, edited 1 time in total.